Filing a Wrongful Death Lawsuit in New Jersey

A wrongful death lawsuit in New Jersey allows surviving family members the chance to seek compensation after losing their loved one due to the negligent actions of another. There are specific legal steps that you must follow and laws that must be considered when filing a claim.

Who can file a wrongful death claim?

New Jersey law states that only someone who is legally appointed can file a wrongful death claim on behalf of the victim’s family. If the victim has a will, the court will lawfully name the person listed in the document. If no will exists or no one is listed, the courts will appoint an administrator to handle the case.

Generally, close family members, spouses, and children who would legally inherit finances are the ones with the right to file these claims.

When could I file a wrongful death claim?

You can only file a wrongful death claim if a person or entity’s negligence or wrongful acts caused the death of the victim. One way to look at these claims is to consider whether the victim could have filed a personal injury claim if they had survived. If a negligent party could have faced a personal injury claim, then there will likely be grounds for a wrongful death case.

Filing a successful claim requires having evidence that the liable party behaved negligently. The four elements of negligence include the following:

Duty of care

The party responsible for the death of the victim must have owed them a duty of care. Essentially, the negligent party must have had a legal obligation to act reasonably to prevent others from harm.

For example, a driver on the road must abide by all traffic laws to avoid putting others on the road at risk.

A breach in this duty of care

A breach of duty occurs when the other party acts recklessly or carelessly, putting others in danger. You must show that this party has failed to meet their duty of care.

For example, if the driver was speeding or under the influence of alcohol, they are breaching their duty of care. By knowingly putting others at risk, the party may be considered negligent.

Causation

To hold this party accountable, you must prove that their breach of duty was the direct cause of the victim’s death. This means that you must show the victim’s death would not have happened “but for” the other party’s negligence.

For example, if a driver on the road was speeding or under the influence of alcohol and ran a red light, causing fatal injuries, their negligence can be shown to cause the victim’s death directly.

Without this direct link between the breach of duty and the victim’s death, you may not have a valid wrongful death claim.

Damages that can be recovered

In New Jersey, wrongful death law allows families to recover for financial losses (economic damages) related to the loss of their loved one.

These are losses that have a tangible value associated with them. For instance, economic damages will cover medical bills, funeral expenses, loss of income, loss of services, and loss of financial support. Many cases will not allow the family to recover emotional and punitive damages, but there are some exceptions.

Emotional damages might be available in the following situations:

1. Negligent infliction of emotional distress: If a family member witnesses the death of the victim and suffers severe emotional trauma, they can file a separate claim. With this claim, they may be awarded emotional damages.
2. New Jersey Survival Act: This law covers the victim’s estate, allowing it to recover compensation for pain and suffering endured before the death. The family members who filed the claim could then receive those damages.

Punitive damages, which aim to punish the defendant for particularly egregious conduct, may also apply in rare and limited cases. For instance, if the death results from a drunk driver causing a crash, punitive damages could be available.

Due to the complex nature of these cases, it’s recommended that you seek the assistance of a lawyer. At Ferrara & Gable, we work closely to help you obtain maximum compensation. We can offer support and guidance to family members who have experienced the loss of a loved one.

Factors that could influence compensation amounts

When someone loses their life because of someone else’s negligence, their family may be entitled to compensation under the New Jersey Wrongful Death Statute (N.J. Stat § 2A:31). This law allows families the ability to recover financial losses, such as those mentioned above.

However, some factors could affect the amount of compensation the family receives.

1. The victim’s age and health: Younger victims with good health could receive higher compensation because they had more years of potential earnings and family support.
2. The victim’s earning potential: The financial support the victim would have provided if they were still alive influences the compensation for the family.
3. The details of the negligence: The details of how the victim passes away could impact the final compensation amount. If the negligent party acted with extreme carelessness or malicious intent, higher compensation amounts or punitive damages could result.

The statute of limitations on wrongful death lawsuits

Filing everything as soon as possible is essential to pursue your claim. According to the New Jersey Wrongful Death Statute, you have just two years from the date of the victim’s death to file. If you don’t file on time, you lose your ability to pursue compensation. It’s important to discuss this with your attorney as soon as possible to avoid losing your chance to pursue a claim.

Let us support you in the wrongful death claims process

Pursuing a wrongful death claim can’t replace what your family lost. The goal is to recover the financial support your family needs and to hold the person responsible accountable for their negligence.

Our experienced team at Ferrara & Gable is here to help. Contact us today to schedule your free consultation. We work to hold the responsible party accountable and pursue the compensation your family deserves.